Kelly v. Terrill

The defendants appeal from a judgment entered in favor of the plaintiff for the return of a $1500.00 earnest money deposit made by him under a real estate sale contract. The case was tried without a jury.

On July 9, 1967, the parties entered into a written agreement, prepared by the attorney for the defendants, whereby the plaintiff agreed to purchase the home of the defendants located at 380 Maple Avenue, Glen Ellyn, Illinois, for a price of $26,500.00. A deposit of $1500.00 was given by the plaintiff to the defendants at that time for earnest money pursuant to the terms of the contract. The…